The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-27

COuutIy3 we pl6uS0 OD6OleQCe. TO prlQ-
ciple rather than to any person holding
power, which, though binding enough
with an enlightened people, is not so
strong an allegiance among the inlet
tered as is pledge OF fealty to a per-
sOnal monarch.
There are two kinds of citizenship
one, OF the State; the other, that of the
United States. A citizen of State
is not necessarily a citizen of the
| United States, though a citizen of
the United States is :. OF right
citizen of any particular State where
he resides. A citizen corresponds to
the freeman of the common law, and
signifies a person enjoying the full
measure of civil rights.
| By the common law, all native born
PERSONS are citizens OF the United
States. All others are aliens, excepting
the childJen of foreign ministers and
ambassadors; these latter are citizens.
Also, by Congressional law of 1855,
provision is made that the children
born outside the United States, yet of
citizen parents. are also citizens; but
tn S extends only to children of resident
or. otherwise recognized citizens, and
does not apply to grandchi dren All
persons not native born are aliens, who
|
laws by renouncing all allegiance to any
other government and by making
a brief declaration that they will
support the Constitution, etc. Fur
Their, aliens may become citizens
if the government acquires the
lands on which they live, a. was the
case in the annexation of Texas. a
citizen may, at pleasure, remove TO an
other country and become a citizen of
that country. Formerly, the allegiance
of citizen to the State could not leg
ally be thus dissolved.
The paramount object of govern
ment is the protection of its citizens.
The government is made by and for the
people, who are the creators and bene-
fCiariss of it. They enjoy equal civil
rights, and these do not exist by pos
tive law, but are derived from the
principles of the common law. The
civil rights of the people are funda-
mental, and belong to the Citizens of all
free governments. The protection the
government guarantees to the indivi-
dual, consists in securing for each his
life, liberty, happiness and safety
no one being subject to restraint
except for the general good. The right
to vote and hold Office are called pO-
litcal rlk hts, since they spring from
positive law and require special quail
ficatiOns.
The gov rnment may exclude for
eigners from the privileges and immu-
mites of citizenship, and even from
coming into the cou try-a recognized
maxim of international law. Hence, it
can fix the conditions on which they
may remain AID become citizens.
Practically, however foreigners enjoy
as much protection as citizens do.
A foreigner may be Invested of his
property by the government, but this
disability has been removed in the case
of most of the States. An alien must
be subject to the laws, must pay taxes,
and can even be- guilty of treason. An
alien enemy who owes allegiance to
the government that is at war with
the country in which he is living
enjoys no ri hts as a subject, though
the tendency of government practice
has been TO fully protect them till they
have been ordered out OF the country.
The aliens right to protection while in
the country is implied in his privilege
: to remain.
The liberties of citizens are chiefly
the liberty of thought, speech, and of
the press. Liberty of thought is abso-
lutte, the operations OF the mind, as
such. being bevond interference from
the State, which considers the inten-
tions of only those applying for citizen
ship. This includes freedom of
religious belief, and thence extends to
the free exercise of religion. The free
dom of speech and of the press are
subject only to such restraints as are
necessary for the public good and the
protection of individual rights. To
this is added the freedom of
communion, which invariably con-
stitutes one of the chief objects
of attack from tyranny. 1t is prime
element of freedom, and one of the
most sacred and enjoyable of the rights
of mankind, since despots fear the
communion of their subjects.
Freedom of action is a fundamental
right, but is subject to necessary limi-
tations. Thus. no one has right to
commit any act against which another
has right of protection. Self-defense
is natural right, not oply by legal
means, but by actual personal resist
ance. Whatever is done to prevent ap-
pretended personal injury is held to be
right. That person should protect
himself is considered superior to any
other duty; it is a right that each indi-
Vidual brings with him into society,
| dDu HOG Ouc uSElfSu law
Such acts of defense, however, must be
defensive, and not offensive; must not
exceed The prevention of bodily or other
harm; and there must be at least an
apparent necessity for their use. A
person may repel force by torce, he is
not obliged to retreat when attacked,
and may even pursue his adversary. In
this case. the power of the State is in
adequate to his right of immediate pro-
lection, and if brought to account for
his defensive acts, his guilt will be
estimated by the apparent (not reaD
necessity for his acts.
In ali other cases, redress for
wrongs must come through legal pre-
cesses in court, where civil action IL T
personal injury can be instituted.
A citizen has the right to marry,
to acquire, hold, or sell property. to'
make and execute contracts. He has
the right, indeed, of acting as he sees
fit, SO long as he does not interfere with
the same right of others All the liberty
compatible with the general welfare Is
his-the freedom of locomOti0n, Of &C
ton or nOn-action; he may move TO
other countries mr. remain here nor does